Terms & Privacy

The Terms of Use were last modified on 04/24/2015

READ BEFORE CONTINUING — YOUR ACCEPTANCE OF TERMS OF USE

Performance Utility Management and Billing, LLC is pleased to provide you with the information on the Performance website. Your use of the Performance Utility Management and Billing website is subject to the following Terms of Use (“Terms”).

These Terms are a binding contract between you and Performance Utility Management and Billing. By using or accessing the Performance Utility Management and Billing website, you accept and agree to be bound by these Terms. Your use of the Performance Utility Management and Billing website is governed by the version of the Terms in effect on the date the Performance Utility Management and Billing website is accessed by you. Performance Utility Management and Billing may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting https://www.performanceutilities.com and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and Performance Utility Management and Billing, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Performance Utility Management and Billing website.

USE OF THE PERFORMANCE UTILITY MANAGEMENT AND BILLING WEBSITE

The Performance Utility Management and Billing website is intended only for your personal, non-commercial use, unless you and Performance Utility Management and Billing have agreed otherwise in writing.

COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS

The Performance Utility Management and Billing website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Performance Utility Management and Billing website, including any text, graphics, video, audio, software code, user interface design or logos.

Unless you and Performance Utility Management and Billing have agreed otherwise, links from another website to the Performance Utility Management and Billing website must resolve to the top-level homepage of a Performance Utility Management and Billing domain (e.g., www.performanceutilities.com).

In order to avoid confusion if you do link from another website to the Performance Utility Management and Billing top-level homepage, your website, and the link itself, may not suggest that Performance Utility Management and Billing endorses, sponsors or is affiliated with any non- Performance Utility Management and Billing website, entity, service or product, and may not make use of any Performance Utility Management and Billing trademarks or service marks other than those contained within the text of the link.

All trademarks and service marks on the Performance Utility Management and Billing website belong to Performance Utility Management and Billing or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Performance Utility Management and Billing with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; An identification of the allegedly infringing material, and a description of where that material is located on the Performance Utility Management and Billing website; Your address, telephone number, and email address; A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner. Performance Utility Management and Billing Agent for Notice of claims of copyright infringement can be reached as follows:

THE PERFORMANCE UTILITY MANAGEMENT AND BILLING RETURN POLICY

Automatic Payment Agreement
Authorization Agreement
I (we) hereby preauthorize Performance Utility Management and Billing, an agent for the association name below, to initiate automatic withdrawals to my account with the financial institution named below. Automatic payments will be processed on the fifth (5th) of each month unless the fifth of the month occurs on a weekend or holiday, then it will be processed the next business day.
Further, I agree to indemnify, save and hold harmless Performance Utility Management and Billing and its affiliates for any delay in processing this automatic payment or non-payment of association dues to a closure in the account listed below, insufficient funds, incorrect or incomplete information supplied by me or by my financial institution, or due to an error on the part of my financial institution in transferring funds from my account. I agree and understand that a $10 NSF fee will be charged to the account listed below in the event there are insufficient funds in my account (subject to increase without notice).
This agreement will remain in effect until (1) Performance Utility Management and Billing receives a written cancellation notice from me or my financial institution, (2) until I submit a new direct deposit form to Performance Utility Management and Billing, (3) I am no longer the legal owner the property, or (4) Performance Utility Management and Billing is no longer the agent for the association. Performance Utility Management and Billing reserves the right to cancel this agreement at anytime without cause and to make changes to this agreement. I understand there may be changes to the assessment amounts and/or due dates to be in accordance with the ASSOCIATION’S governing documents and applicable statutes including notification requirements of the ACH(Automatic Clearing House) rules. I understand that if three (3) automatic payment transactions are declined due to insufficient funds Performance Utility Management and Billing may cancel this agreement.

THIRD PARTY CONTENT AND SITES

The Performance Utility Management and Billing website includes general news and information, commentary, research reports and data concerning the utility management and billing industry and other subjects. Some of that content is supplied by companies that are not affiliated with The Performance Utility Management and Billing (“Third Party Content”). Most Third Party Content is available through framed areas or through hyperlinks to third party websites, and its source is clearly and prominently identified.

Although Third Party Content may be framed-in on the Performance Utility Management and Billing website or available through a link to a third-party site, Performance Utility Management and Billing does not prepare, edit, or endorse Third Party Content. Performance Utility Management and Billing therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. You will use Third Party Content only at your own risk.

TIMELINESS OF CONTENT

All content on the website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

PROHIBITED USES

Because all servers have limited capacity and are used by many people, do not use the Performance Utility Management and Billing website in any manner that could damage or overburden any of Performance Utility Management and Billing or its affiliates’ server, or any network connected to any of Performance Utility Management and Billing or its affiliates’ server. Do not use the Performance Utility Management and Billing website in any manner that would interfere with any other party’s use of the Performance Utility Management and Billing website.

MEANS OF ACCESS

The Performance Utility Management and Billing website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Performance Utility Management and Billing website, be aware that the Performance Utility Management and Billing website may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the Performance Utility Management and Billing website through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Performance Utility Management and Billing.

Certain parts of the Performance Utility Management and Billing website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Performance Utility Management and Billing website, or to any other protected materials or information, through any means not intentionally made available by Performance Utility Management and Billing for your specific use.

PASSWORD SECURITY AND NOTIFICATION

If you have a Personal Identification Number (PIN) for access to non-public areas of the Performance Utility Management and Billing website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify Performance Utility Management and Billing immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

DISCLAIMER OF WARRANTIES PERFORMANCE UTILITY MANAGEMENT AND BILLING DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PERFORMANCE UTILITY MANAGEMENT AND BILLING WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PERFORMANCE UTILITY MANAGEMENT AND BILLING WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND PERFORMANCE UTILITY MANAGEMENT AND BILLING DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. PERFORMANCE UTILITY MANAGEMENT AND BILLING DOES NOT WARRANT THAT THE PERFORAMCNE UTILITY MANAGEMENT AND BILLING WEBSITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PERFORMANCE UTILITY MANAGEMENT AND BILLING ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE PERFORMANCE UTILITY MANAGEMENT AND BILLING WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PERFORMANCE UTILITY MANAGEMENT AND BILLING WEBSITE WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS. LIMITATION OF LIABILITY PERFORMANCE UTILITY MANAGEMENT AND BILLING WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE PERFORMANCE UTILITY MANAGEMENT AND BILLING WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF PERFORMANCE UTILITY MANAGEMENT AND BILLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. PERFORMANCE UTILITY MANAGEMENT AND BILLING WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH PERFORMANCE UTILITY MANAGEMENT AND BILLING DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE PERFORMANCE UTILITY MANAGEMENT AND BILLING WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

As a condition of your use of the Performance Utility Management and Billing website, you agree to indemnify and hold Performance Utility Management and Billing and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Performance Utility Management and Billing website, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

CHANGES TO THE PERFORMANCE UTILITY MANAGEMENT AND BILLING WEBSITE

Unless otherwise agreed, Performance Utility Management and Billing may discontinue or modify the Performance Utility Management and Billing website at any time without prior notice to you, and you accept those modifications if you continue to use the Performance Utility Management and Billing website.

TERMINATION

Performance Utility Management and Billing may terminate your access to the Performance Utility Management and Billing website for any reason, without prior notice.

GOVERNING LAW

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Texas, without regard to conflicts of law, and shall inure to the benefit of Performance Utility Management and Billing’s successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

SEVERABILITY

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

This Privacy Statement was last updated on 03/29/2013.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

Performance Utility Management and Billing, LLC is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing performanceutilities.com, you acknowledge and fully understand Performance Utility Management and Billing’s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.

2. PARTICIPATING MERCHANT POLICIES

Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Performance Utility Management and Billing services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.

3. INFORMATION WE COLLECT AND HOW WE USE IT

Performance Utility Management and Billing collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.

A. WEB SERVER LOGS

When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
Your Internet protocol address.
The kind of browser or computer you use.
Number of links you click within the site.
State or country from which you accessed the site.
Date and time of your visit.
Name of your Internet service provider.
Web page you linked to our site from.
Pages you viewed on the site.

B. USE OF COOKIES

Performance Utility Management and Billing may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.

Performance Utility Management and Billing reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.

C. PERSONAL INFORMATION USERS

Visitors to our website can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.

We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:
To fulfill your service requests for services.
To protect ourselves from liability,
To respond to legal process or comply with law, or
In connection with a merger, acquisition, or liquidation of the company.

4. ACCESSING WEB ACCOUNT INFORMATION

We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us.

5. CHANGES TO THIS STATEMENT

Performance Utility Management and Billing has the discretion to occasionally update this privacy statement. When we do, we will also revise the “updated” date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.

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